DOJ to hear Kentex fire raps today

MANILA, Philippines – The Department of Justice (DOJ) is set to hear today the criminal charges filed against executives of Kentex Manufacturing Corp. and Valenzuela City fire officials over the inferno in the factory in May last year that killed 72 people.

Five officials of Kentex and four officers of the Bureau of Fire Protection (BFP) were ordered to appear before the DOJ for the hearing at 2 p.m. to answer the complaints filed by families of the victims.

They are Kentex executives Ong King Guan, Jose Tan, Charlie Ng, Beato Ang and Mary Grace Ching and BFP officers Ariel Barayuga, Mel Jose Lagan, Rolando Avendan and Ramon Maderazo and city fire safety enforcer Edgrover Oculam.

The Kentex officials are facing charges of reckless imprudence resulting in homicide and physical injuries, while the BFP officers were charged with falsification of official documents in relation to Republic Act No. 9514 or the Fire Code.

The first set of charges was filed by families of five casualties.

The BFP officers are facing separate charges filed by 10 other families, which did not include Kentex executives after earlier signing a quit claims deal with the company.

Investigating Associate Prosecution Attorney Caterina Isabel Caeg and Assistant State Prosecutor Christine Marie Buencamino will conduct the PI hearing, which comes after the Ombudsman office ordered last week the dismissal of Valenzuela City Mayor Rex Gatchalian and six other officials for grave misconduct and gross neglect of duty in connection with the factory fire.

The DOJ started the PI on Feb. 22, the first hearing held 10 months after the incident. The complainants affirmed their respective complaint affidavits against the respondents.

None of the respondents personally appeared before the prosecutor, but they were represented by lawyers Renato Paraiso for Kentex officials and Kathrina Sadsad and Francis Yap for the BFP officials.

The complaints were originally filed with the Valenzuela City Prosecutor’s Office, but were transferred to the DOJ last September.

A DOJ fact-finding report in July last year recommended the filing of administrative complaints with the Office of the Ombudsman against city officials led by Gatchalian regarding the issuance of a business permit to Kentex despite the lack of a fire safety inspection certificate.

The Ombudsman also ordered the dismissal of Renchie May Padayao, officer-in-charge of the city’s Business Permit and Licensing Office; licensing Officer IV Eduardo Carreon; former city Fire Superintendent Jose Mel Lagan; Senior Inspector Edgrover Oculam, and fire officers Rolando Avendan and Ramon Maderazo.

The Ombudsman said Gatchalian, Padayao, Carreon and Avendan were liable for issuing business permit to Kentex in 2015 despite its delinquent status.

The fire officials, on the other hand, were accused of issuing fire safety inspection certificate in 2012 and submitting inaccurate inspection reports and notice to comply in 2014. They were also cited for failing to impose sanctions against the management of Kentex as prescribed by the Fire Code.

Mayor Gatchalian is running under the banner of the Nationalist People’s Coalition. His brother, Valenzuela Rep. Sherwin Gatchalian, is running for senator also under the NPC.

The NPC has supported the presidential bid of Sen. Grace Poe and her running mate Sen. Francis Escudero. The ruling Liberal Party reportedly sought the support of the NPC to boost the presidential bid of LP standard-bearer Manuel Roxas II, President Aquino’s preferred successor.

The start of the campaign for candidates running for local positions is only three weeks away. Mayor Gatchalian will be pitted against LP’s candidate Magtanggol Gunigundo in the mayoralty race.

Palace to support Ombudsman

Malacañang yesterday expressed support to the reported plan of the Office of the Ombudsman to dismiss Mayor Gatchalian and other city officials in relation to the Kentex inferno.

“The Ombudsman resolution on the filing of charges is an opportunity for establishing accountability of concerned public officials so that there will be stronger deterrence against the possible repetition of the disastrous fire,” Presidential Communications Operations Office Secretary Herminio Coloma Jr. said.

“The Aquino administration is determined to ensure workplace safety and protection of the wellbeing of workers. Hence, all concerned government agencies are tasked to implement laws and rules on occupational health and safety.

“We should note, however, that the Office of the Ombudsman is an independent constitutional body over which the executive branch has no jurisdiction,” he added.